BILL ANALYSIS
S.B. 1328
By: Montford (Counts)
April 24, 1995
Committee Report (Unamended)
BACKGROUND
In 1975, the legislature conveyed a 70-acre tract of land located
next to the Big Spring State Hospital to the City of Big Spring.
Current law provides that the property is to be used for a park or
for recreational facilities, and requires the property, if it ever
ceases to be used as a park or recreational facility, to revert
back to the state under the state's reversionary interest.
The City of Big Spring wants the state to release its reversionary
interest so that the city can begin to allow the development of the
property. After determining that the restriction on the tract was
not necessary to protect the delivery of services at the Big Spring
State Hospital, the Tx MHMR Board directed the commissioner to seek
legislation to authorize the release of the restrictions. The GLO
has analyzed the proposal and has recommended releasing the
restrictions.
PURPOSE
As proposed, S.B. 1328 authorizes the General Land Office to
release the state's reversionary interest in certain real property
located in Howard County.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1 (a) Authorizes the General Land Office to release the
state's reversionary interest under Section 2, Chapter
85, Acts of the 64th Legislature, Regular Session, 1975,
in the real property conveyed to the City of Big Spring
if the city and the Texas Department of Mental Health
and Mental Retardation execute a memorandum of
understanding ensuring that future use of the property
is compatible with the operation of the Big Spring State
Hospital, the city ensures that the portion of the
property set aside for public use is accessible to
persons with disabilities, and the city pays
consideration to the state as determined by the General
Land Office.
(b) Requires the General Land Office to determine the
amount of consideration due by determining the fair
market value of the property as if the restrictions
under Section 2, Chapter 85, Acts of the 64th
Legislature, Regular Session, 1975, did not apply less
the fair market value of the property determined as if
the restrictions did apply.
SECTION 2. Describes the specific territory referred to in SECTION
1.
SECTION 3. Emergency clause.
Effective upon passage.
SUMMARY OF COMMITTEE ACTION
S.B. 1328 was considered by the committee in a formal meeting on
April 24, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 8
ayes, 0 nays, 0 pnv, 1 absent.